This is the time when any member of the public may bring a matter to the attention of the Commission that is within the scope of duties assigned to the Commission. The Ralph M. Brown Act limits the Planning Commission and staff's ability to respond to comments on non-agendized matters at the time such comments are made. Thus, your comments may be agendized for a future meeting or referred to staff. The Commission may discuss or ask questions for clarification, if desired, at this time.

This is the time for the public to comment on any item on the Consent Calendar. As Consent Calendar items are considered routine in nature, they are normally enacted in one motion. The Chairperson may remove a questioned Consent Calendar item for separate action.

You are encouraged by this Commission to express your views on any matter set for public hearing. It is our procedure to first receive the report of the Planning staff, then to ask for public testimony; first from those in favor of the matter, followed by testimony from those in opposition to it, and, if there be opposition, to allow those in favor, rebuttal testimony only as to the points brought up in opposition. To testify on a matter, you need to simply come forward to the lectern at the appropriate time, give your name and address and make your statement. In addition, please sign in on the sheet provided at the podium so it will facilitate preparation of our minutes. Do not be concerned with your possible lack of experience in public hearings. We are interested in what you say, not your level of expertise as a public speaker. After a hearing has been closed, you may not further speak on the matter unless requested to do so by a member of the Commission.

Planning Associate Ron Garcia presented the staff report and a power point presentation of the proposed request.

Mel Gaines, applicant, and Clyde Twine spoke in favor of the request and answered questions by the Commission regarding their request.

There was a short discussion by the Commission regarding the current parking situation at Faith Community Church. The Commissioners agreed that the additional parking spaces would help alleviate the necessity of on-street parking during peak use hours. The Commission also concurred that the request would be beneficial to the surrounding community, as well as the members of the church, and help relieve the traffic congestion in the area.

Motion by Redholtz, seconded by Stewart, to adopt findings as recommended by staff. Motion carried 4-0 (Rozatti absent).

Motion by Redholtz, seconded by Stewart, to waive further reading of the body of the resolution and adopt Resolution No. 08-5267, approving Precise Plan No. 08-01. Motion carried 4-0 (Rozatti absent).

Chairman Sotelo stated that this action was final unless appealed to the City Council within ten days.

Planning Assistant Amy Davis presented the staff report. During her presentation, Ms. Davis spoke regarding the need for the applicant to submit a letter of necessity to the Department of Alcoholic Beverage Control due to an over-concentration of licenses in the area.

Commissioner Redholtz asked if the outdoor seating area could only be accessed through the restaurant. Staff explained that the access to this area was subject to the American Disability Act and would probably require railing and a pathway to be installed.

Fidel Hijazi, representing the applicant, spoke in favor of the request. He told the Commission that he would be relocating his business from the City of Covina to West Covina and would like to be able to serve beer and wine to his customers with their meals.

There was a discussion by the Commission regarding the Fire Department requirements and the formula used by the Department of Alcoholic Beverage Control to determine an over-concentration of licenses in a census tract.

Commissioner Stewart spoke regarding the use of a panic bar. He stated that he liked to design of the building and expressed his support of the project, but asked if the size of the outdoor seating area could be determined.

Commissioner Cervantes asked about the licensing from the Department of Alcoholic Beverage Control.

Commissioner Redholtz expressed his support of the business and Chairman Sotelo concurred with Commissioner Redholtz.

Motion by Redholtz, seconded by Stewart, to adopt findings as recommended by staff. Motion carried 4-0 (Rozatti absent).

Motion by Redholtz, seconded by Stewart, to waive further reading of the body of the resolution and adopt Resolution No. 08-5268, approving Conditional Use Permit No. 08-02. Motion carried 4-0 (Rozatti absent).

Chairman Sotelo stated that this action was final unless appealed to the City Council within ten days.

Planning Intern Jennifer Fortuna presented the staff report. Ms. Fortuna informed he Commission that this use was consistent with other similar types of uses.

Susan Ansbach and Linda Smith, representing the applicant, spoke in favor of the request.

OPPONENTS:

No one spoke in opposition.

Chairman Sotelo closed the public hearing.

There was a short discussion by the Commission regarding the ownership of the restaurant. In addition, Commissioner Stewart asked if the proposed parking would be sufficient to accommodate the customers of the restaurant. Staff indicated that, in addition to the parking provided for use by the restaurant, there were other parking spaces available on-site.

Commissioners Redholtz and Cervantes expressed their support of the restaurant and agreed that it could be successful in this location.

Chairman Sotelo agreed with the statements by the other Commissioners.

Motion by Stewart, seconded by Redholtz, to adopt findings as recommended by staff. Motion carried 4-0 (Rozatti absent).

Motion by Stewart, seconded by Redholtz, to waive further reading of the body of the resolution and adopt Resolution No. 08-5269, approving Conditional Use Permit No. 08-03. Motion carried 4-0 (Rozatti absent).

Chairman Sotelo stated that this action was final unless appealed to the City Council within ten days.

Planning Assistant Amy Davis presented the staff report. During her presentation, Ms. Davis explained that the applicants were proposing to add a theological training school to their existing office building.

Andrew Ma, applicant, spoke to the Commission regarding his request. He also told the Commission that he wanted to relocate into the City of West Covina from La Puente.

There was a short discussion by the Commission. It was the consensus of the Commission that allowing this use, in conjunction with the existing office building, would not have a negative impact on the surrounding area.

Motion by Redholtz, seconded by Stewart, to adopt findings as recommended by staff. Motion carried 4-0 (Rozatti absent).

Motion by Redholtz, seconded by Stewart, to waive further reading of the body of the resolution and adopt Resolution No. 08-5270, approving Conditional Use Permit No. 08-04. Motion carried 4-0 (Rozatti absent).

Chairman Sotelo stated that this action was final unless appealed to the City Council within ten days.

On February 5, 2008, the City Council adopted a resolution initiating Code Amendment No. 08-02 related to the sale of alcoholic beverages at service stations.

Staff recommends that the Planning Commission provide comment and direction as appropriate.

Planning Director Doug McIsaac presented the staff report. During his presentation, Mr. McIsaac explained that this code amendment had been initiated by the City Council and referred to the Planning Commission for their recommendations. He also explained that the original ordinance prohibiting the sale of alcoholic beverages at service stations was adopted in 1977. Subsequently, the State of California passed legislation which prohibited cities from imposing such restrictions on service stations; however, those cities that had already adopted such ordinances were allowed to continue prohibiting service stations from selling alcoholic beverages. Mr. McIsaac also told the Commission that other cities have imposed conditions on service stations selling alcoholic beverages and suggested that the City of West Covina could do the same in the new code.

Forrest Wilkins, Elsie Messman, Dana Sykes, Alfred L. Williams, Royall K. Brown, Frederick Sykes and Joanne Wilner spoke in opposition to the proposed code amendment. Among the concerns expressed by the opponents were increasing the risk that people would drive under the influence of alcohol and creating a public nuisance. They were also concerned with the availability of hard liquor at service stations. In addition, some opponents expressed their concern that the code amendment was being proposed because a service station adjacent to Big League Dreams might want to sell beer and wine to their customers.

Mr. McIsaac informed the Commission that a conditional use permit would have to be granted to any service station that wanted to offer alcoholic beverages for sale in conjunction with a mini-market. Further, he indicated that the Planning Commission would review the request at a public hearing and would have the option of imposing conditions of approval for such requests. It was further stated that the proposed operators of the future service station near Big League Dreams have publicly stated that they do not intend to sell alcoholic beverages.

Commissioner Redholtz asked if a public hearing would be held in conjunction with the code amendment. Mr. McIsaac stated that public hearings would be held at the Planning Commission and City Council meetings, prior to the adoption of the code amendment.

Commissioner Stewart asked about the process that service stations would be subject to in order to sell alcoholic beverages. Commissioner Cervantes expressed his opinion that he was not favorable toward selling alcohol at service stations.

There was a discussion by the Commission with regard to the types of restrictions they would like to place on service stations wishing to sell alcoholic beverages, the process service stations applying for a conditional use permit would be subject to, the surrounding cities that allow the sale of alcoholic beverages in conjunction with service stations and the restrictions they impose on such uses.

In addition, the Commission asked that the following restrictions be included in the draft code amendment: prohibit the sale of single containers of beer, establish a minimum size for bottles of wine, restrictions on advertising the sale of alcoholic beverages at a location, limiting the hours that alcoholic beverages can be sold, imposing a minimum floor area for service stations wishing to sell alcoholic beverages, and requiring lighting around the service station to help prevent people from consuming alcoholic beverages at the service station. The Commission directed staff to bring a draft ordinance back to them for consideration at a public hearing.

This is the time when any member of the public may bring a matter to the attention of the Commission that is within the scope of duties assigned to the Commission. The Ralph M. Brown Act limits the Planning Commission and staff's ability to respond to comments on non-agendized matters at the time such comments are made. Thus, your comments may be agendized for a future meeting or referred to staff. The Commission may discuss or ask questions for clarification, if desired, at this time.

Lloyd Johnson spoke regarding former Planning Commissioner Carlos Thasher.

This is the time when any member of the Commission may bring a matter to the attention of the full Commission that is within the scope of duties assigned to the Commission. Any item that was considered during the public hearing portion is not appropriate for discussion in this section of the agenda. NO COMMISSION ACTION CAN BE TAKEN AT THIS TIME. If the Commission desires to discuss an issue raised by a resident or take an action, the Commission may vote to agendize the matter for the next meeting. The Commission may discuss or ask questions for clarification, if desired, at this time.

Commissioner Redholtz spoke regarding the grand openings of PetSmart and Home Depot in West Covina Heights.

Commissioner Cervantes expressed his desire to see further growth in West Covina and the development of a downtown area on Glendora Avenue.

Commissioner Stewart also spoke about the grand openings of PetSmart and Home Depot.

Report on the attendance by Commissioners at Planners Institute on March 26-28 in Sacramento.

The Commissioners spoke regarding their attendance and said the conference was very educational. They also agreed that the information they received at the conference would be helpful to them in their positions as Planning Commissioners. Chairman Sotelo will give his report at the next meeting.

This is an oral presentation of City Council matters and actions of the listed meeting which are in the Commission’s area of interest.

-Commissioner Training on Parliamentary Procedures, April 16 at 6:30 p.m. in the Council Chambers.

Motion by Redholtz, seconded by Cervantes, to adjourn the meeting at 9:10 p.m. Motion carried 4-0 (Rozatti absent).